kevinkris
05-19 06:04 PM
Hi kumhyd2,
I am in same boat. What i am thinking is, just work for that employer
for say 1 year or so and then invoke AC21. Then you should have any issues.
My 2 cents.
Thanks,
kris
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
I am in same boat. What i am thinking is, just work for that employer
for say 1 year or so and then invoke AC21. Then you should have any issues.
My 2 cents.
Thanks,
kris
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
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Almond
07-17 08:42 AM
bmneni,
My understanding is that, you wouldn't have an 'A#' when you apply for I-485(if it's first time). If it is second time, then you have to mention the 'A#' assigned to you. Guys, please correct me if I am wrong.
You do have an A number-you're assigned one when you get your approved I140. I remember having to tell my lawyer on my own to put it on there (in front of me) he didn't even think to do it himself:mad:
Bmneni, if you enclosed a copy of that approved I140 you should be ok although from what I hear, to make it easier on the person processing your paperwork it'd be nice to put it on the other forms too. But if a copy of the I140 is there, I think you'll be ok.
My understanding is that, you wouldn't have an 'A#' when you apply for I-485(if it's first time). If it is second time, then you have to mention the 'A#' assigned to you. Guys, please correct me if I am wrong.
You do have an A number-you're assigned one when you get your approved I140. I remember having to tell my lawyer on my own to put it on there (in front of me) he didn't even think to do it himself:mad:
Bmneni, if you enclosed a copy of that approved I140 you should be ok although from what I hear, to make it easier on the person processing your paperwork it'd be nice to put it on the other forms too. But if a copy of the I140 is there, I think you'll be ok.
whattodo21
10-25 09:22 AM
how do you get a copy of the approved i-140 if the employer is not willing to give it?
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GCD
07-31 11:25 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail her AP approval directly at our home address.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail her AP approval directly at our home address.
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skalra
03-19 11:06 PM
If you have advance parole, check with your lawyer if you can use AP to come back. Now that you applied for stamping, AVR is out of question but AP is still an option.
I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
OLDMONK
07-06 01:07 PM
Herndon, Va.: Good Afternoon Kelly, I am tried to ask the same question to previous reporters today in the discussion, but no one replied can kindly advice on this
Poor Coverage in Media Regarding a Very Important Issue where governmental agencies (USCIS/DOS) took unprecedented/unlawful route and resulted in millions of dollars wasted and dreams shattered of hard working, lawfully present Highly Skilled Immigrants.
My Question is why is media acting like an Ostrich on this issue? Answers anyone??
FYI Some individuals and distinguished senators are on top of this already.
Suit Planned Over Visas for the Highly Skilled (The New York Times, July 6)
Rep. Lofgren Issues Statement on Updated Visa Bulletin (Press Release, July 3)
Answered:
John Kelly: Well I don't see that it's totally been ignored. And as you mentioned, there IS a story in the New York Times today. I don't know why this particular wrinkle might not have been covered as much as some might like, but I imagine the crush of other news might be partly to blame.
Poor Coverage in Media Regarding a Very Important Issue where governmental agencies (USCIS/DOS) took unprecedented/unlawful route and resulted in millions of dollars wasted and dreams shattered of hard working, lawfully present Highly Skilled Immigrants.
My Question is why is media acting like an Ostrich on this issue? Answers anyone??
FYI Some individuals and distinguished senators are on top of this already.
Suit Planned Over Visas for the Highly Skilled (The New York Times, July 6)
Rep. Lofgren Issues Statement on Updated Visa Bulletin (Press Release, July 3)
Answered:
John Kelly: Well I don't see that it's totally been ignored. And as you mentioned, there IS a story in the New York Times today. I don't know why this particular wrinkle might not have been covered as much as some might like, but I imagine the crush of other news might be partly to blame.
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gonecrazyonh4
05-12 03:02 PM
Please help on this situation.
LC in Backlog center
Not able to file I-140, spouse not able to work, life on hold.
Company going to file PERM in 2 months time.
Currently on H1b 6th Year and will be on 7th year in 2 weeks time
7th Year extension already received based on LC filed with priority date of
March 05
Sick and tired of current employer,Can he move to a new employer?
New employer is willing to file PERM, Is it possible for trasfer the H1B to new company ? What is the current employer revoke the LC before the PERM is processed? Will he lose status? Is there any guidelines on moving to new employer while on 7th year extension with No end in sight for GC process?
Anyone in similiar situation? Please help
LC in Backlog center
Not able to file I-140, spouse not able to work, life on hold.
Company going to file PERM in 2 months time.
Currently on H1b 6th Year and will be on 7th year in 2 weeks time
7th Year extension already received based on LC filed with priority date of
March 05
Sick and tired of current employer,Can he move to a new employer?
New employer is willing to file PERM, Is it possible for trasfer the H1B to new company ? What is the current employer revoke the LC before the PERM is processed? Will he lose status? Is there any guidelines on moving to new employer while on 7th year extension with No end in sight for GC process?
Anyone in similiar situation? Please help
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thomachan72
12-16 03:51 PM
it was Ok long time back when unemployment rate was not high. Now you might certainly be questioned on the year without work. When you are hired on H1 it is asumed that you would be continuously employed for the period specified on the H1. If the company had to send you off, they actually should have cancelled your H1b and then rehired you when work is available. That is the essense of H1b. I understand your situation but personally feel it is incorrect legally to go about this way. Finding a good explanation for one whole year without work would be pretty difficult. If this were possible why would the so called contractors not resort to bringing in people whenever need arises and sending them back once the project is done?? If you could stay without work outside the country for so long.
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hur11
01-22 08:48 PM
Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.
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jasmin45
08-10 07:33 PM
Hello everybody,
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
Both of you have to be in US to file 485. You may co-ordinate with your attorney while in India to prepare the paper work. Fly to be here atleast on 16th August, Sign the applications and ship it overnight to USCIS so that it reaches them on 17th August.
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
Both of you have to be in US to file 485. You may co-ordinate with your attorney while in India to prepare the paper work. Fly to be here atleast on 16th August, Sign the applications and ship it overnight to USCIS so that it reaches them on 17th August.
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nogc_noproblem
07-18 11:10 PM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
I have EAD and AP but wondering why I can not transfer H1B?
I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
I have EAD and AP but wondering why I can not transfer H1B?
I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
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prout02
11-26 01:14 PM
I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.
I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
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sripk
07-18 08:52 PM
Below is a draft statement i prepared and appreciate if you can review it and suggest any changes reqd if this is not convincing.
I travelled to Tijuana, Mexico from San Diego. I entered the US Port of Entry at San Ysidro. My previous I-94 white entry card had been taken and I requested a new I-94 but since I already had a valid I-94 on my H-1B approval notice, the office would not issue a new I-94 white entry card.
I have a copy of my previous I-94 entry card from <prev_entry_date>
Few questions that may arise based on above statement:
1. Why was your I94 from H1B notice still with you and not submiited at POE when you left the country?
-Since i travelled by land the US POE is in Tijuana and so i submitted my expired I94 to them and also the valid I94 from H1B notice and asked for new white I94 card. Unfortunately the officer just stapled the valid H1B I94 to passport and told i am good to go. There is no stamp on it either and hence i am concerned.
Any other possible questions you can think of that needs to be addressed in my statement?
I travelled to Tijuana, Mexico from San Diego. I entered the US Port of Entry at San Ysidro. My previous I-94 white entry card had been taken and I requested a new I-94 but since I already had a valid I-94 on my H-1B approval notice, the office would not issue a new I-94 white entry card.
I have a copy of my previous I-94 entry card from <prev_entry_date>
Few questions that may arise based on above statement:
1. Why was your I94 from H1B notice still with you and not submiited at POE when you left the country?
-Since i travelled by land the US POE is in Tijuana and so i submitted my expired I94 to them and also the valid I94 from H1B notice and asked for new white I94 card. Unfortunately the officer just stapled the valid H1B I94 to passport and told i am good to go. There is no stamp on it either and hence i am concerned.
Any other possible questions you can think of that needs to be addressed in my statement?
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gc_lover
07-23 08:04 PM
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
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rgpr
03-29 08:42 AM
During my first entry to the US I had been on an F1 visa for my MS studies. I took an OPT corresponding to this level of education and had a COS to H1B within the US (academia, quota exempt). I never had this H1B stamped in my passport as I never left the country.
In order to pursue my PhD, I had another COS from H1B-F1 within the US. This time I had a 221g invoked on my application but it was cleared and I could re-enter US. So I am in my first year and due to some reasons I would like to discontinue the program and go back to work.
I may get employed by either academia or industry. The October 1st start date would correspond to the industry job whereas there would be no such start date for an academic job.
I will surely not quit PhD but wait for an employment opportunity and to have my COS to H1B approved within the US. In the interim can I register for 1 credit over the summer and fall semester respectively in order to remain in full-time student status?
Any other thoughts on the wait time around the COS period?
In order to pursue my PhD, I had another COS from H1B-F1 within the US. This time I had a 221g invoked on my application but it was cleared and I could re-enter US. So I am in my first year and due to some reasons I would like to discontinue the program and go back to work.
I may get employed by either academia or industry. The October 1st start date would correspond to the industry job whereas there would be no such start date for an academic job.
I will surely not quit PhD but wait for an employment opportunity and to have my COS to H1B approved within the US. In the interim can I register for 1 credit over the summer and fall semester respectively in order to remain in full-time student status?
Any other thoughts on the wait time around the COS period?
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jack_b_uta
06-21 09:37 AM
IV core members have been in media MANY times.
Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.
None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.
We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?
I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.
JACK
Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.
None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.
We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?
I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.
JACK
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morchu
04-28 03:39 PM
:) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
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kriskris
07-18 05:29 PM
I have a feeling in my mind that i made some mistakes in the 485 application. I may be wrong also. My lawyer was so busy on June 29 and she asked me to fill out all the forms. I tried my best to make it as accurate as possible. My other concern is my lawyer applied for my I-140 on 6/17 and got the receipt date of 6/28 in the email. Now i am not sure whether my lawyer had included that e mail copy (Since we haven't got the receipt notice in the postal mail) with my 485 packet sent on the same day which had reached the USCIS on July 2.
Are they going to reject my application just in case if my lawyer had missed that I 140 receipt copy???????????? or are they going to accept the app and RFE. If anybody had faced the similar situation, please help me to deal with this.
Are they going to reject my application just in case if my lawyer had missed that I 140 receipt copy???????????? or are they going to accept the app and RFE. If anybody had faced the similar situation, please help me to deal with this.
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panky72
06-20 03:01 PM
Now I have a question?
My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.
I am also planning to do that. I think we can do that but I will clarify with my attorney next week.
My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.
I am also planning to do that. I think we can do that but I will clarify with my attorney next week.
JeffDG
01-23 07:38 AM
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.
You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.
You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.
smaram1
08-12 12:42 PM
you might be correct too...I guess we will never get a definite answer for this...
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